The high court on Thursday declined to unfreeze Sh 21 M said to be money for paying dowry ruling that it’s not sufficient reason.
In the case, Daniel Wambua had challenged the decision by EACC to freeze his accounts on suspicion of it being proceeds of crime.
In his ruling, Justice Nixon Sifuna said non payment of dowry can’t be said to be hardship especially since Wambua can still access his wife.
The court also noted that from court records the marriage had already taken place.
“He has not lost anything because he has access to the bride,” the judge ruled.
He also ruled that the purpose for the preservation Orders is for a period of time only.
Justice Sifuna said proeedings of this kind are not about the purpose of the money but the source of the money.
He further said that it matters not whether it’s for leisure or dowry but what matters is the source.
He ruled that the application by Wambua lacked merit and he dismissed it with costs.
